Contempt petition alleging non-compliance of two orders in related FIRs was referred by the district courts for transfer. The High Court transferred the contempt petition to Patiala House Courts, where the two underlying cases were already pending, both parties having consented to the transfer.
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$~107
versus
HARSHWARDHAN IPS (DCP DWARKA) AND ORS. ..... Respondents
Through: None.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R % 23.04.2024
“…
It has been brought to the notice of the court that both the aforesaid cases i.e. State Vs. Sushila bearing FIR No. 168/2017, RS BHD Nagar and SC No. 614/2019, FIR No. 261/2019, P.S Baba Haridas Nagar titled State Vs.
Page 1 of 4
TR.P.(CRL.) 39/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/06/2024 at 14:34:43
Vikas Yadav & Ors were transferred from this court vide order dated 07.12.2022 and is pending before the court of Sh. Devender Jangala, Ld. ASJ, Patiala House Court, New Delhi. Both the parties submit that they do not have any objection if the present petition be also transferred to the said court.
In view of the aforesaid submissions, let the present petition be put up before Ld. Principal District & Session. South- West District, Dwarka Courts, New Delhi on 18.03.2024 at 2:00 P.M, with request to pass appropriate orders.
Both the parties are directed to appear before Ld. Principal District & Session. South-West District, Dwarka Courts, New Delhi on 18.03.2024 at 2:00 P.M.
Ahlmad is directed to send the application to the office Ld. Principal District & Session. South-West District, Dwarka Courts, New Delhi, immediately.”
3. On 18.03.2024, learned Principal District & Sessions Judge passed the
following order :-
“…..
I have seen the observations made by Sh. Ajay Singh Shekhawat, Ld. ASJ-02, South-West, Dwarka Courts, New Delhi in his order dated 11.03.2024.
Ld. ASJ has sent the present contempt petition to this court for transferring the same to the court of Devender Jangala, Ld. ASJ, Patiala House Court, New Delhi where two cases i.e. 'State Vs. Sushila' bearing FIR No. 168/2017, PS BHD Nagar, and SC No. 614/2019, FIR No. 261/2019, PS Baba Haridas Nagar, titled 'State Vs. Vikas Yadav & Ors. with respect to which the present contempt application has been filed are pending.
It is pertinent to mention that these two cases were received by the Ld. Predecessor of this court as the Ld. Presiding officer had recused himself from hearing these matters. Since there was no other court dealing with SC/ST matters in the South-West District, the above matters were sent to Hon'ble High court of Delhi so that the same could be registered as Transfer Petition and placed before the concerned Bench for necessary directions.
I have also perused order dated 19.12.2022, copy of which has been downloaded from the website of the Hon'ble High Court, passed by Hon'ble Mr. Justice Anish Dayal in transfer petition (Crl) 97/2022 and Transfer Petition (Crl) 98/2022, vide which these cases were transferred to Patiala House Courts, New Delhi District.
Page 2 of 4
TR.P.(CRL.) 39/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/06/2024 at 14:34:43
In view of above, the present petition is also required to be sent to the same court. However, since this court has no power to transfer the cases to other district, reference is drawn and the matter may be accordingly sent to Hon'ble High Court of Delhi so that the reference is registered as Transfer Petition and is placed before the concerned Hon'ble Bench for necessary directions in the matter.
Parties to appear before the Ld. Registrar General, High Court of Delhi on 04.04.2024 ……”
Page 3 of 4
TR.P.(CRL.) 39/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/06/2024 at 14:34:43
JYOTI SINGH, J
APRIL 23, 2024/shivam
Page 4 of 4
TR.P.(CRL.) 39/2024
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/06/2024 at 14:34:43
1 issue framed by the court
Whether a contempt petition pending before ASJ-02, Dwarka should be transferred to Patiala House Courts where the related cases are pending?
3 provisions across 2 enactments
Daya Ram Badalia
Harshwardhan IPS (DCP Dwarka)
Ors.
Jyoti Singh
As recorded by the court registry
A petition to transfer a criminal case from one court to another.
Judgements on the same questions, provisions and authorities, from every court
